Background: I’m a Heavy Equipment Tech (mechanic) in the oilsands where everything is super safety sensitive. 2009 I am diagnosed with spinal stenosis and experience neck and shoulder pain. In Dec. 2013 I was pulled from the floor due to legal dispute over my medications between union and company. I was given modified duties off and on for the following 2 years but kept on payroll as full time. This was stopped in Jan. 2016 when I was hospitalized for an (arguably) unrelated condition and I was transitioned to LTD. Since then, I have had a few short spurts of modified duty again but all have failed and I am now filling out CPP-D.
So here’s my question: What do I consider my last day worked at my previous job?
Is it a) when they pulled me from the floor?
Or b) when I was in the hospital and I was put on LTD?
Or c) the last day I worked a modified shift?
There’s lots of variables in play here and I am finding it a real poser. I think I know the answer is b) but I am not certain.
I kept full status as mechanic on payroll for two years after that date even though I was not performing the duties of one. ie. I was a mechanic on paper only.
There is one kink that I forgot. We have Short Term Disability that bridge the 100 days before LTD kicks in so that gives me another date to work with.
So you got 2 years on the payroll and then the STD bridge before LTD?
Were you AT WORK during this time?
If you weren’t at work then I would put the date you left work.
If you were at work but not doing mechanic duties, I would put the day you stopped working BUT I seem to recall @David_Brannen said somewhere that you should put the day you became injured.
I’m really unsure if you were at work but not as a mechanic.
Last day modified duty full time - Jan. 2016 (CPP paid)
Short term disability Jan - May 2016 (CPP paid)
Start LTD (SL) May 2016
Between May 2016 and Feb 2018 were 4 failed return to work attempts ending Feb 2018 (CPP paid for time worked)
Knowing that I can miss CPP-D if I’m a few months too late, this is/was the gist if the question. Anything but the last attempt to return to work puts me out of the running.
For purposes of the CPP application, the last day worked is a bit more nuanced. Is it the last actual day you worked (which could include a failed return to work) or is it the last day when you were capable of gainful employment. I always argue for the second interpretation. Generally speaking your last day will line up with the last day worked used by the STD or LTD insurer, unless there is a compelling reason to use an earlier date.
David Brannen
Disability Lawyer with Resolute Legal
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